Effective Date: August 14, 2026
1. SCOPE AND DEFINITIONS
1.1. Introduction.
These Hosting & Compute Terms ("Hosting Terms") govern the Customer’s access to and use of the computing resources, virtualization services, and hosting environments provided by the Pinkdude Group ("Provider", "We", or "Us"). These terms form an integral part of the Master Terms of Service.
1.2. Service Applicability.
These terms apply to all compute-related Services, including but not limited to:
(a) Virtual Private Servers (VPS): Shared or dedicated instances of virtualized compute resources (e.g., KVM, LXC, Firecracker).
(b) Bare Metal Servers: Physical servers leased exclusively to a single Customer without a hypervisor layer managed by the Provider.
(c) App Platform (PaaS): Managed environments for deploying code containers (e.g., Docker, Kubernetes) where the underlying OS is abstracted.
(d) Web Hosting: Shared hosting environments for static sites or CMS applications (e.g., WordPress, Magento).
1.3. Service Nature ("Unmanaged").
UNLESS EXPLICITLY DESIGNATED AS "MANAGED SERVICES" IN AN ORDER FORM, ALL COMPUTE SERVICES ARE PROVIDED ON AN "UNMANAGED" BASIS.
(a) Provider Responsibility: We are responsible for the physical hardware, the network connectivity (up to the switch port), power, environmental controls, and the virtualization layer (Hypervisor) only.
(b) Customer Responsibility: You are solely responsible for the installation, configuration, security, patching, and maintenance of the Guest Operating System (OS), application software, databases, runtimes, and firewalls running inside your instance.
(c) Root Access: You will be provided with administrative ("Root" or "Administrator") access. You acknowledge that this level of access allows you to irreversibly damage your own configuration, delete data, or expose your system to security threats. The Provider is not liable for any data loss, downtime, or security breach caused by your administrative actions or misconfigurations.
1.4. No Production Warranty (High Risk Exclusion).
The Services are cloud-based and inherently subject to latency, interruptions, and hardware failures. The Services are not designed, intended, authorized, or warranted to be suitable for use in life-support applications, weapons systems, nuclear facilities, air traffic control, or other mission-critical systems where a failure of the Service could result in personal injury, death, or environmental damage. The Customer assumes all risk for use of the Services in such high-risk environments.
1.5. Architecture Responsibility Clause.
Customer acknowledges and agrees that they are solely responsible for designing a fault-tolerant architecture appropriate for their workload, including but not limited to implementing redundancy, backups, and failover mechanisms. The Provider does not guarantee uninterrupted availability for single-instance deployments or architectures lacking such redundancy. The Provider shall not be liable for data loss, service unavailability, or business impact resulting from the Customer’s failure to implement appropriate fault-tolerance measures.
2. RESOURCE USAGE AND "FAIR SHARE"
2.1. Shared Resources Model.
For non-dedicated plans (e.g., Standard VPS, Shared Hosting), resources such as CPU cycles, Disk I/O, Network Throughput, and RAM are shared among multiple tenants on a physical host.
(a) Fair Share Policy: You agree not to consume excessive resources that materially degrade the performance of other tenants ("Noisy Neighbor Effect").
(b) CPU Usage: Unless you have purchased a "Dedicated CPU" plan, you may not utilize 100% of the allocated CPU cores for extended periods (e.g., more than 15 minutes).
(c) Throttling: If your instance violates the Fair Share Policy, we reserve the right to: (i) technically throttle your CPU/Disk performance; (ii) migrate your instance to a different host; or (iii) temporarily suspend the instance to protect the platform.
2.2. Prohibited Workloads (The "Anti-Miner" Clause).
You may not use the Hosting Services for high-load activities that are incompatible with standard cloud infrastructure or that violate the Acceptable Use Policy (Document 2.4). Specifically, the following are strictly prohibited on all Shared/VPS plans:
(a) Cryptocurrency Mining: Mining Bitcoin, Monero, Chia, or any other Proof-of-Work or Proof-of-Space currency is strictly prohibited.
(b) Distributed Computing: Running volunteer distributed computing projects (e.g., SETI@home, Folding@home).
(c) High-Frequency Trading: Algorithmic trading bots that require sub-millisecond latency and cause excessive CPU interrupts.
(d) Tor Exit Nodes: Operating a TOR Exit Node is prohibited due to the high volume of abuse complaints associated with such traffic. (Middle relays are permitted on Enterprise plans only).
2.3. Monitoring and Enforcement.
We reserve the right to monitor usage patterns (e.g., CPU Steal, IOPS, Network Packets) to enforce these policies. Detection of crypto-mining scripts or prohibited workloads will result in immediate suspension without refund.
2.4. Capacity Disclaimer.
The Provider does not guarantee the availability of specific instance types, hardware generations, geographic zones, or compute capacity at any given time. We reserve the right to limit the number of instances a Customer can provision to prevent capacity exhaustion.
3. NETWORK AND CONNECTIVITY
3.1. Bandwidth Quotas.
Each Hosting Plan includes a specific monthly data transfer allowance ("Bandwidth Quota").
(a) Calculation: Bandwidth is calculated based on the sum of Ingress (incoming) and Egress (outgoing) traffic, unless your Plan specifies otherwise (e.g., "Free Ingress").
(b) Overage: If you exceed your Bandwidth Quota, we may: (i) cap your network port speed (e.g., to 10Mbps); or (ii) charge Overage Fees at the then-current rates listed on our Pricing Page.
(c) Pooling: Bandwidth pooling (aggregating quotas across multiple instances) is only available if explicitly supported by your specific Plan type.
3.2. IP Addresses.
(a) Lease, Not Sale: Internet Protocol (IP) addresses (IPv4 and IPv6) assigned to your instance are leased to you for the duration of the Service. You have no ownership rights to these IPs.
(b) Justification: You comply with all policies of the relevant Regional Internet Registry (RIPE, ARIN, APNIC). We reserve the right to request a written justification for any request of more than one (1) IPv4 address per instance.
(c) Reassignment: We reserve the right to change or reassign IP addresses with reasonable notice (e.g., during network migration or subnet re-engineering).
(d) Termination: Upon termination of the Service, you release the IP address immediately. You have no right to transfer or "port" the IP to another provider.
3.3. IP Reputation (The "Clean IP" Guarantee).
We monitor our IP space to ensure it remains clean and usable for all customers.
(a) Customer Duty: You must ensure your activities do not cause your assigned IP to be listed on major Blocklists (e.g., Spamhaus SBL/XBL, SORBS, Barracuda, Microsoft SNDS).
(b) Clean-Up Fee: If your IP is blacklisted due to Spam, Phishing, or Malware hosting, you agree to pay an Administrative Delisting Fee of €50.00 per incident.
(c) Permanent Blacklist: If an IP becomes permanently blacklisted (e.g., Spamhaus "Snowshoe" listing) due to your negligence or malice, you may be liable for the replacement cost of the IP block.
3.4. DDoS Mitigation.
(a) Service Level: We provide "Commercially Reasonable Efforts" DDoS mitigation to filter volumetric attacks.
(b) Null-Routing: If an attack against your instance exceeds our mitigation capacity or threatens the stability of our wider network infrastructure, we reserve the right to "Null-Route" (blackhole) your IP address, effectively taking your service offline until the attack subsides.
(c) No Liability: The Provider is not liable for downtime caused by DDoS attacks or the associated defensive measures (Null-Routing).
4. SECURITY AND DATA RESPONSIBILITY
4.1. The "Unmanaged" Security Boundary.
You acknowledge that the Provider does not have access to your Guest OS or file system.
(a) Vulnerabilities: You are responsible for patching your own OS and applications. If your server is compromised due to an unpatched vulnerability (e.g., an old WordPress plugin, Log4j, SSH Brute Force), you are responsible for the cleanup and any resulting damage.
(b) Quarantine: We reserve the right to quarantine or disconnect a compromised instance from the network to prevent it from attacking other servers or spreading malware.
4.2. Backups and Snapshots.
(a) No Automatic Backups: Unless you purchase a specific "Managed Backup" add-on, we do not perform backups of your data. RAID arrays are for hardware redundancy, not data protection.
(b) Snapshots: "Snapshots" provided via the Dashboard are point-in-time images of the disk. While we strive for reliability, Snapshots are not guaranteed to be consistent (especially for databases) unless the instance is powered off.
(c) Data Integrity: You are solely responsible for maintaining off-site backups of your content. The Provider is not liable for data loss caused by hardware failure, human error, corrupted snapshots, or software errors.
4.3. Content Restrictions.
You represent and warrant that you own or have the necessary rights to all content hosted on your instances.
(a) DMCA/Copyright: We comply with the Digital Millennium Copyright Act (DMCA) and similar laws. Upon receipt of a valid Takedown Notice, we will notify you. You must remove the infringing material within 24 hours. Repeated infringements will result in account termination ("Repeat Infringer Policy").
(b) Illegal Content: Hosting Child Sexual Abuse Material (CSAM), Terrorist Content, or Phishing sites will result in immediate termination and reporting to law enforcement.
4.4. Suspension for Security Incidents.
Notwithstanding anything to the contrary in this Agreement, the Provider reserves the right to suspend Services immediately and without prior notice if the Provider reasonably determines that such suspension is necessary to: (a) respond to a security incident; (b) mitigate an active attack (including but not limited to DDoS or malware propagation); (c) protect the integrity of the Provider’s infrastructure; or (d) protect other customers from harm.
5. LICENSING AND SOFTWARE
5.1. Bring Your Own License (BYOL).
If you install proprietary software (e.g., Windows Server, cPanel, Oracle DB, Plesk) on your instance using your own license keys:
(a) Validity: You represent that you possess a valid, legal license for such software.
(b) Audit: You agree to indemnify the Provider against any claims, fines, or penalties arising from your use of unlicensed, pirated, or "cracked" software.
5.2. Provider-Supplied Licenses (SPLA).
If you rent software licenses from us (e.g., a Windows VPS, cPanel Add-on):
(a) Non-Transferable: These licenses are non-transferable and may only be used on the specific instance for which they were purchased.
(b) Reporting: You acknowledge that we may be required to report usage data to the software vendor (e.g., Microsoft, WebPros) for billing compliance.
6. MAINTENANCE, MIGRATION, AND EVOLUTION
6.1. Scheduled Maintenance.
We perform regular maintenance on the host infrastructure (e.g., hypervisor patching, router upgrades, power maintenance).
(a) Live Migration: Where possible, we utilize Live Migration technologies to move your instance to a new host without downtime. However, you acknowledge that a brief pause (seconds) or performance degradation may occur.
(b) Reboots: Some maintenance requires a reboot of the host or instance. We will provide at least 24 hours' notice via the Status Page or Email for disruptive maintenance.
6.2. Emergency Maintenance.
In rare cases (e.g., critical Zero-Day vulnerability patching like Spectre/Meltdown, or imminent hardware failure), we may need to perform maintenance without prior notice. We will endeavor to notify you as soon as reasonably practicable.
6.3. Hardware Failure.
In the event of physical hardware failure (e.g., SSD failure, RAM error):
(a) Replacement: We guarantee the replacement of failed hardware components within the timeframe specified in the SLA.
(b) Data Restoration: For failures affecting local storage, we will attempt to recover data from RAID arrays, but we do not guarantee data recovery. This reinforces the requirement for Customer Backups in Section 4.2.
6.4. Migration Rights and Data Location.
The Provider reserves the right to migrate Customer instances, data, or workloads between hosts, clusters, data centers, or geographic regions for operational, security, or economic reasons. We will use commercially reasonable efforts to minimize disruption during such migrations. Customer acknowledges and consents that Customer Data may be processed, transferred, or stored in multiple regions or availability zones for redundancy, operational optimization, or migration purposes, unless a specific region is explicitly guaranteed in a separate written agreement or Order Form.
6.5. Technology Evolution.
The Provider reserves the right to modify the underlying technology stack (e.g., Hypervisors, Storage Backends, Network Fabric) without obligation to maintain legacy hardware or software versions. We do not guarantee that specific CPU models or hardware generations will remain available indefinitely.
7. TERM AND TERMINATION OF INSTANCES
7.1. Hourly vs. Monthly Billing.
(a) Hourly: For instances billed hourly, you may terminate the instance at any time by deleting it via the Dashboard. Billing stops immediately upon deletion. Stopping (powering off) an instance does NOT stop billing, as the storage and IP resources are still reserved.
(b) Monthly/Annual: For reserved instances, early termination does not result in a refund of the unused period.
7.2. Financial Kill-Switch.
The Provider reserves the right to immediately suspend or terminate Services if the Customer’s continued use of the Services poses a material financial, legal, security, or reputational risk to the Provider (e.g., excessive fraud alerts, sanctions violations, or participation in botnets).
7.3. Data Wiping.
Upon termination or deletion of an instance, the data stored on the virtual disk is marked for deletion. We may overwrite the storage blocks immediately. Data deleted from an instance is non-recoverable.
8. INFRASTRUCTURE DEPENDENCIES (Force Majeure Extension)
8.1. Upstream Providers.
The Provider shall not be liable for failures, outages, or delays caused by upstream providers or third-party infrastructure dependencies, including but not limited to data center operators, transit providers, fiber carriers, power utilities, DNS providers, or underlying cloud infrastructure vendors.